Penal Code §9.31(b): Self-Defense Is Not Justified

If you consented to the force the other person is using or attempting to use against you or…

If you provoked the other person to use force against you UNLESS you abandon or clearly attempt to abandon the encounter and the other person continues to use force against you or…

If you seek “an explanation from or discussion with the other person” about your differences with them while you are carrying a handgun illegally.

Example Situation

Samantha is walking to her local polling place to cast her vote for mayor. A woman who supports the other candidate starts screaming at her, “You’re an idiot if you vote for that guy!” Samantha runs over to the woman and punches the woman in the face.

In this instance, Samantha is not legally justified in her use of force because the only thing happening was the other woman screaming at her—a mere verbal provocation.

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